The customer accepts these terms and conditions for business with the service provider, Lowry Olafson and waives any and all other terms and conditions. Deviating agreements can be contractually agreed between the parties. This requires the written form and the express consent of both contracting parties.
2. Dates and delays
(1) Both parties generally agree on all meeting and session dates as booked on the calendar or agreed before the start of the contract.
(2) The time zone of the service provider (Pacific Time) serves as a guideline for all dates agreed in writing.
(3) In the event there are delays in sessions or delivery of services due to force majeure (strike, official order, disruption of telecommunications, etc.), circumstances in the customer’s area of responsibility (non-compliance with the obligation to cooperate, modification of the project, etc.) as well as events that prevent the service provider from rendering the service, the service provider will not be held responsible.
(4) If the service provider is in default with essential contractual services, the customer must set a reasonable grace period for the provision of the service before the customer is entitled to withdraw from the contract. The grace period must be set in text form.
3. Changes in performance
(1) The service provider reserves the right to change services slightly or to extend them slightly for the same remuneration.
(2) If the customer requests changes to the service provider, these are assessed by both parties and must then be released jointly and in writing in order to become part of the contract.
4. Nature of Service
The service provider provides the customer with a collaborative session to create a song based on their input and preferences.
5. Obligations of the service provider
The customer must be informed of any changes in the agreement made with the service provider.
6. Obligations of the customer
The customer consents to collaborate willingly with the service provider, to communicate honestly, to be open to feedback and help and to devote the time and energy to fully participate in the service.
(1) The service provider undertakes to use the data and documents provided to him exclusively for the provision of the services. Use for other matters requires the prior written consent of the customer.
(2) The service provider undertakes to keep secret all business transactions of the customer that become known in the course of cooperation, as well as of the persons or companies in business relationship with the customer. In particular, the service provider is obliged to maintain strict confidentiality about the data that has become known and becomes known as part of the creative, organizational and planning processes, as well as billing. This confidentiality obligation applies beyond the duration of this agreement.
(3) If personal data is transmitted from the customer to the service provider or is collected and evaluated by the customer on behalf of the customer, the service provider undertakes to comply with the relevant provisions of data protection laws.
(1) The service provider receives the services provided under this contract according to the agreed rates. Specifically, the amount of the remuneration is determined according to the budget set between the customer and the service provider. In addition, special remuneration from other areas of activity and / or for unscheduled activities is only paid if these activities have been agreed in advance with the service provider and customer.
(2) The service provider of the company will invoice for the activity. Goods and Services Tax will be added where applicable.
(3) The service provider assures the customer of his entrepreneurial status in the sense of tax and social security law. He guarantees that he will tax his remuneration himself and pay any other legally required taxes.
(4) Unless otherwise specified, all payments by the customer are made cashless to the following account:
Account holder: Lowry Olafson
Transit Number: 07080
Institution Number: 010
Account Number: 7649835
9. Terms of payment
The payment of the remuneration by the service provider takes place, unless otherwise agreed, prior to the service being delivered In principle, the remuneration from the customer to the service provider is due immediately upon receipt of the invoice and without deduction, including GST where applicable (gross). Payment is made either via the service provider’s website in its own member portal or by bank transfer to an account specified by the service provider.
(1) The invoice is issued by the service provider.
(2) All prices are based on the service provider’s offer and are generally net prices plus GST where applicable.
(3) If the customer decides on a part payment method, he has to do this according to the selected payment plan. The customer must comply with any payment request according to the plan within 24 hours.
11. Late payment
If a customer is in arrears with his payment obligations, the service provider is entitled, after setting and expiry of a reasonable grace period, to revoke access to the song and all copyright and other rights until the customer’s payment obligations in full or, in consultation with the service provider, partially are fulfilled.
(1) If the customer is not fully satisfied with their experience, they may apply in writing for a full refund within 24 hours. Payment of a refund will result in revoking all rights to use and ownership of the song and related materials.
(2) If there are issues with playability of the recording the service provider will do everything in his power to help rectify that for the customer.
(3) The service provider is not liable for damage that occurs to the customer in connection with the use of the product(s) supplied by the service provider.
13. Copyright, Ownership Rights,Songwriters Royalties
All ownership interests, rights (including copyright) and claims in and to the song written during the PowerSong session will be held by the client as to 50% and by Lowry Olafson as to 50%.
Both Lowry Olafson and the client will be entitled forever, without permission from each other, to independently perform the song. Should the client not wish to join a Performing Rights Society, Lowry Olafson shall serve as the sole publisher of the song and as such shall be entitled to forever license and otherwise utilize the song for commercial purposes in any manner or media worldwide and to secure in his sole name any copyrights or other registrations with respect to the song (including registration with SOCAN as sole author), provided that in the event any such songs are used by outside parties for any purpose whereby money is made, the songwriter’s royalties will be split as follows: 50% to the client), and 50% to Lowry Olafson.
In the event that additions are made to the song by either Lowry or the client, ownership of the resulting song will be commensurate with the percentage of the portion used.
14. Property rights, rights of use and reservation of payment
(1) The services provided or rendered, remain the property of the service provider until the remuneration has been paid in full. The granting of agreed rights of use is also subject to the full payment of the agreed remuneration.
(2) The rights of ownership, ownership and use of all preparatory work and interim results, such as concepts, sketches and drafts, remain with the service provider regardless of the payment of the agreed remuneration. The service provider is furthermore entitled to use or further develop this preparatory work for other projects or customers.
(3) The service provider’s copyright rights remain unaffected. The service provider has, in particular, the right to prohibit distortion or other impairment of his work, insofar as this is likely to endanger his legitimate intellectual or personal interests in the work.
15. Credit and Recognition
The service provider reserves the right to be mentioned and credited as “Lowry Olafson” and “PowerSongs.ca” in all media (including social media, online, print, pitch bible, financing events) in a clearly legible form. If the customer acquires exclusive usage rights to the work, the reservation loses its validity for the time defined in the usage license.
16. Limitation of Liability
(1) The service provider is not liable for malfunctions, defects or damage that are based on the customer’s tools.
(2) The service provider is not liable for malfunctions, defects or damage that are attributable to the customer’s unauthorized changes to the contractual service.
(3) The service provider is not liable for disruptions or failures in the infrastructure or transmission paths of the Internet.
(4) The service provider is not liable for the loss of data and programs if the customer has failed to perform data backups or similar measures so that data can be restored.
(5) In the event of slight negligence, the service provider is only liable if essential contractual obligations have been violated. In such cases, liability is limited to damage that must typically be expected when the contract is created.
(6) Furthermore, the service provider accepts no liability.
18. Force Majeure
(1) If force majeure leads to an interruption of the work, the service provider or customer are released from their obligations under the contract for the time of the interruption of the work. If, in the event of force majeure, the fulfillment of the service is permanently prevented, the service provider or customer are entitled to terminate the contract. Claims for damages are excluded. The following events are considered to be force majeure: Internet block, war, higher-level orders, sabotage, strikes and lockouts, natural disasters, geological changes and impacts.
(2) Each contracting party is obliged to notify the other party immediately after the occurrence of a force majeure event with all details. In addition, the parties have to advise on appropriate measures to be taken.
19. Other provisions
(1) This contract and its annexes represent the entire agreement of the parties. No verbal side agreements have been made.
(2) Changes and additions to this contract, in particular additional claims for remuneration, can only be justified in writing and require the written form to be effective, as well as the waiver of the written form. The principles of pretense of authorization and toleration are hereby overridden.
20. Fulfillment / Place of jurisdiction
The place of performance and jurisdiction is the company headquarters of the service provider. The law of Canada.